Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



MOBIL OIL NIGERIA PLC.
V.
KENA ENERGY INTERNATIONAL LTD.

(2003) JELR 44908 (CA)    

Court of Appeal  ·  CA/C/18M/2003 ·  28 Jul 2003 ·  Nigeria
 · 
Other Citations
Mobil Oil (Nig.) Plc. v. Kena Energy Ltd. [2004] 8 NWLR (Pt.874)113
CORAM
OKWUCHUKWU OPENE Justice of The Court of Appeal of Nigeria SIMEON OSUJI EKPE Justice of The Court of Appeal of Nigeria ISTIFANUS THOMAS Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
application
stay of proceedings
applicant
lower court
counsel
trial court
grounds of appeal
senior advocate
notice of appeal
course of trial
learned trial judge
supreme court
abuse of court process
appellate court
course of the proceedings
dr. t.c. osanakpo
exhibit r
ground of appeal
interlocutory matter
valid appeal
appeal issues
applicants counsel
better-affidavit
chambers of respondents counsel
copy of the said notice of appeal
court of appeal act
court of appeal rules
exhibit a.
exhibit b.
existence of a valid appeal
extraneous matters
good valid law
hearing of the substantive matter
important factor
interlocutory application
leading ruling
learned trial court
main appeal
number of factors
paragraph affidavit
point of law
respondent have
respondent's counter-affidavit
ruling of a trial judge
stay of proceedings of the lower court
substantial arguable grounds

ISTIFANUS THOMAS, JCA (Delivering the Leading Ruling): The applicant is praying for a stay of proceedings of the lower court. The application is on notice brought under Order 3 rule 3 (1) (3) of the Court of Appeal Rules and sections 16 and 18 of the Court of Appeal Act, Cap. 75 respectively. It is supported by a 24 paragraph affidavit and a further and better-affidavit of 5 paragraphs, both sworn to by one Mike Inyang, Esq; a counsel in the Chambers of learned Senior Advocate for the applicant. The applicant is relying on their affidavits.

In arguing the motion, learned Senior Advocate submitted that to succeed in an application for stay of proceedings, applicant must not only show but exhibit the notice of appeal to show that there is infact, a valid appeal as the applicant has done. In support of this proposition. case of Caribbean Trading and Fidelity Corp. v. N.N.P.C. and Anor. (1991) 6 NWLR (Pt. 197) 352, 361-2) was referred to.

Learned Counsel further submitted that in additio…

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